What is comparative negligence in vehicle accident claims?

Motor vehicle accidents often involve multiple factors that contribute to the crash. One key concept that affects how accidents are handled legally is comparative negligence. This legal principle determines how fault is divided among the parties involved in the accident.

Understanding comparative negligence

Comparative negligence is a rule used to assign responsibility for an accident based on how much each party contributed to the crash. If a person is partly at fault for the accident, they may still recover damages, but the amount will be reduced by their percentage of fault. 

For example, if a driver is 20% responsible for an accident and another driver is 80% responsible, the first driver’s recovery will be reduced by 20%.

How comparative negligence affects accident claims

In a motor vehicle accident claim, comparative negligence can significantly impact the amount of compensation one receives. Insurance companies and courts will assess the degree of fault for each party involved. If a person is found to be partially responsible, their recovery might be decreased. In some cases, the injured party might not receive any compensation at all if they are found to be primarily at fault.

Types of comparative negligence

There are two main types of comparative negligence rules: pure and modified. In a pure comparative negligence system, a person can recover damages even if they are 99% at fault, but their award will be reduced accordingly. In modified comparative negligence systems, recovery is only allowed if the person’s fault is below a certain threshold, typically 50% or 51%.

Impact on legal strategy

Comparative negligence is important for both the injured party and the defendant in motor vehicle accident claims. An experienced attorney can help assess the degree of fault and determine the best approach to maximize the chances of a fair settlement.

Matthew D. Dubin

Matt Dubin has spent more than 20 years honing his skills as one of the top personal injury lawyers in the State of Washington. In his career, Matt has focused on protecting consumers from dangerous household products, medical mistakes, roadway accidents, and many other causes of injury. Matt has recovered nearly $20 million on behalf of his clients.

Education

• University of Washington School of Law, Seattle, Washington – J.D.
• Yale University, New Haven, Connecticut – B.A.

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